STATE OF RAJASTHAN Vs. DEV CHAND

JUDGEMENT

(1.) On 6.6.2005 at about 12.40 P.M. Station House Officer, Police Station Udyog Nagar, Kota received a secret information that Dev Chand, Rameshwar and Suresh are coming from Thali Dhakad Khedi for selling opium. This information was recorded in Ex.P.24 and the same was transmitted to Circle Officer V, Kota City, Kota. The Station House Officer Rakesh Pal along with raid party when arrived at Dhakad Khedi road near Emmanual Orphanage then at 1.30 P.M. they found three persons having bags in their hands turned back after seeing the police. They were stopped and when they were inquired about their identity then they disclosed themselves as Dev Chand, Rameshwar and Suresh. They were informed about the information received by the police and the SHO also sent one constable Pratap Singh to bring independent motbirs who returned and informed that independent witnesses are not available. Then the SHO gave his search in presence of the accused and separate notice under Section 50 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') was given to each of them informing about their right to be searched in the presence or a Magistrate or a gazetted officer upon which they agreed to be searched in the presence of Gazetted officer. Then the Circle Officer was informed on wireless and who came about 2.55 P.M. On spot and disclosed his identity as gazetted officer being Dy.S.P. During search 1.800 Kg. Opium was recovered from the plastic bag which was with accused Dev Chand, 2.500 Kg opium was recovered from the bag of Rameshwar and 2.250 Kg opium was recovered from Suresh. On asking no licence for carrying opium was produced by any one of them. Two samples of 50 gram each were taken out from the contraband so recovered from each of the accused. The samples and the remaining opium were sealed separately. Accused respondents were arrested and case under Section 8/18 of the Act was registered against them. After investigation the police filed challan against all the three accused persons.

(2.) On the basis of the material and evidence collected by the police during investigation charge under Section 8/18 of the Act was framed against the three accused respondent to which they denied, pleaded not guilty and claimed trial.

(3.) To prove its case, the prosecution examined 10 witnesses and also got exhibited several documents. In their statements under Section 313 Cr.P.C. the accused respondents denied the allegations and pleaded that Surendra Singh and Rakesh Pal have falsely implicated them. In defence two witnesses were examined.